RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.132/2020 of Hansabhavi Police Station, registered for the offences punishable under Sec. 302, 201, 504 and 506 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that one Lohit S/o: Basavaneppa Idarmani has filed the complaint on 21/12/2020 stating that he is resident of Kunchur village in Rattihalli Taluk and the petitioner-accused is his uncle. It is further stated that accused has a wife by name Gangamma and he has two sons by name Kumar (deceased) and Basavaraj and all were doing agriculture work in Kunchur village. It is further stated that elder son of petitioner by name Kumar used to consume alcohol and quarrel with his father and mother regularly. It is further stated that on 20/12/2020, the deceased Kumar came to the complainant's land for coolie work and worked there till afternoon and took Rs.200.00 from him and went away. On 21/12/2020, after hearing from the villagers that Kumar has been murdered by someone and thrown his body in the land of one Ningappa Basappa Hulige. He immediately went to the house of Kumar and asked about the incident to his mother and she told that on the previous day at 10.00 p.m., her younger son Basavaraj went to the land and at about 10.30 p.m., Kumar came to the house and started quarreling with his father. At that time, his father scolded him and assaulted him with iron rod kept in home and due to the same Kumar succumbed to death. Thereafter, her husband asked gunny bags to put the dead body into it to dispose of the body and also asked her to come along with him to dispose of the dead body and she objected and therefore he scolded her in filthy language and threatened to kill her and therefore she went and thrown the body in the land of Ningappa Basappa Hulige. After returning home, the petitioner threatened her not to tell the incident to his younger son Basavaraj. It is further stated that at about 3.00 a.m. in the morning her son Basavaraj came to home and she did not informed him about the incident. In the morning when her son Basavaraj came to know about the body from the villagers, he asked and thereafter informed about the incident. Hence, after collecting the information from aunt Gangamma, the complainant has lodged the present complaint, which came to be registered in crime No.132/2020 for the offence punishable under Ss. 302, 201, 504 and 506 of IPC. The petitioner came to be arrested on 21/12/2020. The petitioner filed S.C.No.33/2021, seeking bail and the same came to be rejected by the II Addl. District and Sessions Judge, Haveri, (sitting at Ranebennur), by order dtd. 02/06/2021. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.